According to CRS 18-6-800.3(2), domestic violence involves abuse or violence against an “intimate partner,” defined as: “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”
Domestic violence is a sentencing enhancer that can be attached to all sorts of other crimes. For example, vandalizing the property of someone you have an intimate relationship with may be considered a form of domestic violence. Domestic violence can also be attached to an assault and battery charge, which is perhaps the domestic violence scenario that people are most familiar with. Learn more about the types of domestic charges in Colorado below.
Domestic violence is an enhancement, meaning that the punishment depends on the specific charge. Common consequences include the following:
Protection orders are legal orders issued by a court to protect individuals who are victims of domestic violence, harassment, stalking, or other forms of abuse. A domestic violence charge in Colorado triggers an automatic mandatory protection order. If you have an active protection order against you, you are prohibited from having contact or communication with the alleged victim.
During domestic violence cases, the court will evaluate all available evidence in order to assess the truth of the claims. This includes police reports, medical records, physical evidence (such as injuries or photographs), and victim & witness testimonies.
In criminal cases, the prosecution must prove that the allegations are true beyond a reasonable doubt (i.e. the burden of proof).
In civil matters, such as hearings for protective orders, the standard of proof is lower, typically preponderance of the evidence (meaning the claim is more likely true than not).
Because domestic violence is a sentence enhancer rather than a crime in and of itself, it must be attached to other criminal charges. The most common crimes that the domestic violence enhancer is added on to in the state of Colorado include:
Menacing occurs when an individual employs threats or actions intended to make someone fear imminent and serious bodily harm. Depending on the circumstances, menacing can be charged as either a misdemeanor or a felony.
So, what are the key elements of a menacing charge? The main things that the prosecution will want to establish are intent, means, and the fear of immediate harm. Some common examples of menacing in a domestic violence context include:
The severity of menacing charges varies depending on the circumstances. As explained above, menacing charges can be classed as either a misdemeanor or a felony. Misdemeanor menacing convictions can carry up to 364 days in jail and fines of up to $1,000. Felony menacing convictions, which are much more serious, can carry up to three years in prison, fines of up to $100,000, and mandatory parole of two years.
For individuals wondering how to beat a menacing charge, our top recommendation is to hire an experienced legal team that you can trust. An expert attorney will help you craft a defense that gives you the best possible chances at success. Some common defense strategies for menacing charges include:
If you are facing domestic violence-related menacing charges, get started today with a FREE consultation. The team at MBS Law is here to help you.
Because felony menacing involves the use of a deadly weapon (or the implication that the perpetrator is wielding one), it is considered a violent crime under Colorado law. Even while physical harm may not occur, the nature of the crime suggests a risk of violence and bodily injury.
Because it is considered a violent crime, felony menacing can trigger more severe penalties, especially if it is charged with a domestic violence sentence enhancement. Violent crime convictions can also result in stricter parole conditions, longer mandatory periods of supervision, and the loss of gun ownership rights under both state and federal law.
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